Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 627

FEDERAL COURT OF AUSTRALIA

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 627

INDUSTRIAL LAW - dismissal of employee - whether for a prohibited reason - employee a delegate of an industrial association - dismissal following unauthorised absence from work and attendance at union meeting - application for interlocutory injunction - effect of reverse onus of proof - whether document initiating proceeding must allege particular reason for conduct - whether serious question to be tried that employee's position as delegate a reason for dismissal - whether prohibited reason limited to mere status of employee as delegate - balance of convenience - weight to be given to alleged loss of trust and confidence by employer in employee - whether appropriate to reinstate employee on interlocutory basis - dismissed employee not a party to proceeding WORDS AND PHRASES - "application" Federal Court of Australia Act 1976 (Cth) s 23 Workplace Relations Act 1996 (Cth) ss 298B, 298G, 298K, 298L, 298T, 298U, 298V Patrick Stevedores Operations No. 2 Pty Ltd v Maritime Union of Australia [1998] HCA 30, (1998) 195 CLR 1 followed Davids Distribution Pty Ltd v National Union of Workers [1999] FCA 1108, (1999) 91 FCR 463 referred to Australian Municipal, Administrative, Clerical and Services Union v Ansett Australia Ltd [2000] FCA 441 referred to

Emerald Construction Co Ltd v Lowthian [1966] 1 WLR 691 referred to Epitoma Pty Ltd v Australasian Meat Industry Employees Union (1984) 3 FCR 55 referred to Lumley v Wagner (1852) DeGM&G 604, (1852) 42 ER 687 referred to Warner Brothers Pictures, Incorporated v Nelson [1937] 1 KB 209 referred to Hill v C A Parsons & Co Ltd [1972] Ch 305 referred to Baker v Corporation of City of Salisbury (1982) 2 IR 168 referred to National Union of Workers v Davids Distribution Pty Ltd [1998] FCA 1530 referred to Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 referred to Australian Nursing Federation v Croft Health Care Vic Pty Ltd [2000] FCA 93 followed Independent Education Union v Geelong Grammar School [2000] FCA 557 followed AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION v G & K O'CONNOR PTY LTD (ACN 005 934 029) V 242 OF 2000 GRAY J 12 MAY 2000 MELBOURNE